Opinion
368037
01-30-2024
People of Michigan v. Patrick Lewis
LC No. 01-002471-FC
Douglas B. Shapiro James Robert Redford Judges
ORDER
Kathleen A. Feeney, Presiding Judge
The motion for reconsideration is DENIED. Appellant argues that the trial court improperly recharacterized his motion as a motion pursuant to MCR 6.500 et seq, claiming that pursuant to MCR 6.502(D), a trial court may not recharacterize a motion as a motion for relief from judgment without providing appellant notice of the recharacterization and an opportunity to withdraw the motion. However, the cited rule only applies when the subject motion is the defendant's "first motion effectively seeking to aside or modify a judgment." As defendant previously filed such a motion which was denied by the trial court on December 16, 2010, he is not entitled to the notice or opportunity to withdraw the motion provided for in MCR 6.502(D).